Decided on April 19,2016

Chaman And Another Appellant
State Of Uttrakhand Respondents


- (1.) The appeals assail the judgment and order dated 11.6.2012, rendered by the High Court of Uttrakhand, Nainital in Criminal Appeal No. 111 of 2004, affirming the conviction of the appellants under Sections 302,364 r/w 34 IPC. For the offence under Section 302 r/w 34 IPC, the appellants have been sentenced to undergo imprisonment for life and fine of Rs. 5000/- each and for the offence under Section 364 r/w 34 IPC, they have been sentenced to suffer rigorous imprisonment for seven years and fine of Rs. 5000/- each. Sentence of imprisonment in default of fine has also been awarded. The trial court had convicted and sentenced the appellants in identical terms.
(2.) We have heard Mr. V. Shekhar, learned senior counsel for the appellants - Chaman and Sukhbeer in Criminal Appeal No. 365 of 2013, Mr. P.K. Dey, learned counsel for the appellant - Rakesh Kumar @ Mota in Criminal Appeal No. 597 of 2013 and Mr. Jatinder Kumar Bhatia, learned counsel for the State.
(3.) The genesis of the prosecution case is traceable to the F.I.R. lodged on 12.6.1996 by Rajo Devi, widow of the deceased Jagram, addressed to the Station In-charge, Police Station Cleamantown, Dehradun. She alleged in the FIR that prior to the date of incident i.e. 12.6.1996, the appellants Chaman, Rakesh @ Mota and Sukhbeer along with two associates had come to their residence in search of her son Vinod, who they alleged was involved in the murder of the son of Chaman. As Vinod was not available there, they went back. They returned on the date of the incident at about 11 A.M., when she along with her husband and daughters Bina and Manju were present in the house. The appellants again enquired about Vinod and as he was not present in the house, they took away her husband Jagram with them. The informant stated that the appellants had come in a jeep bearing No. UP 015 5330 and had forced her husband in the said jeep and had taken him away. She expressed apprehension that due to the impression of the appellants that her son Vinod was involved in the murder of the son of Chaman, they would eliminate her husband, Jagram. She mentioned as well in the FIR that at the time of the incident, her daughters Bina and Manju raised alarm, but the people of the locality did not intervene.;

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